Thursday, May 31, 2012

The Direct to Consumer Wine
Symposium’s Steering Committee has put out a call for wineries to participate
at no charge in the “DTC Winery Check Up,” a comprehensive research project
that benchmarks industry DTC metrics. One of the highlights of the 2012
Symposium, the DTC Winery Check Up will expand with additional winery data.
Each participating winery will receive a free, confidential,
quarterly report that illustrates how their DTC program compares with their
peers. Later, this information will be aggregated (without naming any wineries)
and presented at the 2013 DTC Wine Symposium. American wineries can
participate by signing up today at http://www.dtcwinesymposium.com/survey.php

The sixth annual summit on direct marketing and sales is slated for
January 24, 2013 at the South San Francisco Conference Center and is presented
by, and a fundraiser for, Free the Grapes and Coalition for Free Trade.

Friday, May 25, 2012

The TTB has issued an interim policy on the inclusion of gluten content statements on alcohol beverage products. The following passage pertains to wine, which can be labeled as gluten free:

TTB has received requests from various alcohol beverage industry members itregulates who wish to use gluten-free statements on their labels and in advertisements.Pending the issuance of a final rule by FDA, TTB is providing interim guidance on theuse of the term “gluten-free” on alcohol beverage labels and in advertisements subjectto TTB’s authority under the FAA Act. In the absence of a regulatory definition of theterm “gluten-free,” TTB believes that the term will be interpreted by consumers ofalcohol beverages to mean that the product contains no gluten.

Many alcohol beverage products subject to the FAA Act are produced without any ingredients that contain gluten. For example, a wine fermented from grapes, or a vodka distilled from potatoes, may be “gluten-free” if the producer used good manufacturing practices, took adequate precautions to prevent cross-contamination, and did not use additives, yeast, or storage materials that contained gluten. Under this interim policy, TTB will allow the use of a “gluten-free” claim in the labeling and advertising of such products. As always, it will be the responsibility of the importer or bottler of the product to ensure that the claim is truthful and accurate.

As always, it is essential for the wine labels and advertising to be truthful and accurate, so the use of "gluten-free" on the label must be documented if the TTB were to ask for proof. If you have any questions regarding this interim policy please contact WineAmerica. To read the entire ruling please follow this link.

May 1st, 2012

By Sarah Werner - ShipCompliant Research Team

Spring brings more than flowers this year for supporters of
direct shipping. After three and a half months of anticipation and
preparation, the New Jersey Division of Alcoholic Beverage Control
posted checklists, forms and applications on their site, making S 3172
a reality for the wine industry. Effective May 1, New Jersey is
accepting applications for the Out-of-State Winery License from wineries
producing less than 250,000 gallons (roughly 105,000 cases) annually.
Annual production dictates the fee for the new license:

Less than 1,000 gallons – $63

Between 1,000 and 2,500 gallons – $125

Between 2,500 and 30,000 gallons – $250

Between 30,000 and 50,000 gallons – $375

Between 50,000 and 250,0000 gallons – $938

In addition to the listed winery license fees, New Jersey will make
out-of-state wineries work hard for entry into the 40th U.S. state to
allow direct shipping. The latest information indicates out-of-state
wineries must: 1) register their business with the Secretary of State
($125); 2) register their business with the Division of Taxation for
payment of state sales and excise taxes; 3) post a beverage tax bond
(ranging from $1,000 to $1,000,000 depending on anticipated sales); and
4) submit the license application with the fee, outlined above, to the
New Jersey Alcoholic Beverage Control (NJ ABC). New Jersey also
requires all products shipped into the state to be brand-registered at a
cost of $23 per label.

In an unanticipated twist, corporate laws in New Jersey require any
foreign (non-New Jersey) corporation that secures a license from a state
agency (for example, a wine shipper’s license from the NJ ABC) to
establish nexus with the state. With this nexus, out-of-state
winery licensees must also annually file corporate income tax and pay a
minimum of $500/year, depending on gross revenues.
Partnerships are also subject to a tax of $150/partner/year and annual
filing. All wineries applying for the license should be aware that they
are subject to this requirement.

On top of direct shipping capabilities for Out-of-State Wineries,
with the payment of an additional fee (from $100 to $1000 depending on
annual production), licensees may ship directly to New Jersey retailers.
Common carriers are not allowed to ship these orders to retailers, and
price posting is required on products for sale to retailers.
Additionally, licensees have the option to open up to 16 tasting rooms
within New Jersey for a fee of $250/site.
Here are the forms referenced in New Jersey’s checklist and instructions, in order of appearance:

We realize that the application process in New Jersey is a little
daunting, so ShipCompliant has already geared up EasyWineLicensing.com
to facilitate the licensing process. Visit www.easywinelicensing.com
before May 15th with the coupon code “EWLNJ” and save 35% off
ShipCompliant service fees to obtain a New Jersey direct shipping
license.